MATTER OF DE FREITAS v. GOORD


290 A.D.2d 626 (2002)

734 N.Y.S.2d 745

In the Matter of MIGUEL DE FREITAS, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 3, 2002.


Petitioner was found guilty of violating a prison disciplinary rule prohibiting the possession of narcotics. According to the unusual incident report, petitioner was the addressee of a package that contained 93 grams of marihuana secreted in a soup can. This discovery gave rise to a search of petitioner's cell where correction officers found two hand-rolled marihuana cigarettes and 3.5 grams of loose marihuana. Petitioner was observing the cell search when the marihuana cigarettes...

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